[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Proposed Rules]
[Pages 39444-39446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16314]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0695; Directorate Identifier 2011-SW-031-AD]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) for Agusta S.p.A. (Agusta) Model A119 and AW119 MKII helicopters. 
The existing AD currently requires inspecting the pilot and copilot 
engine rotary variable differential transformer (RVDT) control box 
assemblies to determine if the control gear locking pin is in its 
proper position. Since we issued that AD, Agusta has developed a 
terminating action for this inspection. The proposed actions are 
intended to prevent failure of an RVDT control box assembly, loss of 
manual control of the engine throttle, and subsequent loss of control 
of the helicopter.

DATES: We must receive comments on this proposed AD by September 4, 
2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Examining the AD Docket: You may examine the AD docket on the 
Internet at http://www.regulations.gov or in person at the Docket 
Operations Office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this proposed AD, the 
economic evaluation, any comments received and other information. The 
street address for the Docket Operations Office (telephone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.
    For service information identified in this proposed AD, contact 
Agusta Westland, Customer Support & Services, Via Per Tornavento 15, 
21019 Somma Lombardo (VA) Italy, ATTN: Giovanni Cecchelli; telephone 39 
0331711133; fax 39 0331 711180; or at http://www.agustawestland.com/technical-bullettins. You may review a copy of the service information 
at the FAA, Office of the Regional Counsel, Southwest Region, 2601 
Meacham Blvd., Room 663, Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Jim Grigg, Manager, FAA, Rotorcraft 
Directorate, Safety Management Group, 2601 Meacham Blvd., Fort Worth, 
TX 76137, telephone (817) 222-5126, email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting 
written comments, data, or views. We also invite comments relating to 
the economic, environmental, energy, or federalism impacts that might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should send only one copy of written comments, or if comments are filed 
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as 
a report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Discussion

    On July 16, 2010, we issued Emergency AD 2010-15-51, and on August 
4, 2010, we issued the Final Rule, Request for Comment, for that AD as 
amendment 39-16397 (75 FR 50863, August 18, 2010) for all Agusta model 
A119 and AW119 MKII helicopters. That AD requires inspecting the pilot 
and co-pilot control box assemblies for the proper positioning of the 
locking pins, and if the locking pin is recessed or extended in excess 
of 2.0 millimeters from the face of the pin bore, or missing, replacing 
the control box assembly. That AD was prompted by a report that an RVDT 
locking pin that was installed on an AW119 MKII helicopter moved from 
its proper position, resulting in disconnect between the pilot and co-
pilot throttle controls.

Actions Since Existing AD Was Issued

    Since we issued AD 2010-15-51, the European Aviation Safety Agency 
(EASA), which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2011-0095-E, dated May 24, 2011, to 
permanently correct this unsafe condition for the Agusta A119 and AW

[[Page 39445]]

MKII helicopters. EASA advises that Agusta has developed a modification 
to the pilot and co-pilot control box assemblies that will ``remedy the 
problem and prevent recurrence.'' This EASA AD requires repetitive 
inspections of the affected pilot and co-pilot control box assemblies 
until a terminating action modification is made within 8 calendar 
months of the effective date of the EASA AD.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Italy and are approved for operation in the United States. Pursuant to 
our bilateral agreement with Italy, the EASA, their technical 
representative, has notified us of the unsafe condition described in 
the EASA AD. We are proposing this AD because we evaluated all 
information provided by the EASA and determined the unsafe condition is 
likely to exist or develop on other helicopters of the same type 
design.

Related Service Information

    We reviewed Agusta Alert Bollettino Tecnico (ABT) No. 119-39 
Revision A, dated May 23, 2011 (ABT 119-39). The ABT 119-39 describes 
procedures for repetitively inspecting the pilot and co-pilot control 
box assemblies for correct positioning of the engine RVDT control gear 
locking pin and provides instructions on how to modify the pilot and 
co-pilot control box assemblies to terminate the repetitive 
inspections. The EASA classified this ABT as mandatory and issued EAD 
No. 2011-0095-E, dated May 24, 2011, to ensure the continued 
airworthiness of these helicopters.

Proposed AD Requirements

    This proposed AD would retain the inspection requirements of AD 
2010-15-51, which requires a repetitive inspection of the pilot and 
copilot RVDT control box assembly locking pins for proper position, 
until both assemblies are modified. Additionally, we are proposing to 
require, within 8 months, modifying the pilot control box assembly, P/N 
109-0010-81-103, and the co-pilot control box assembly, P/N 109-0010-
81-107, in accordance with specified procedures contained in the ABT to 
terminate the requirements for the repetitive inspections.

Costs of Compliance

    We estimate that this proposed AD would affect 49 helicopters of 
U.S. Registry. We estimate that operators may incur the following costs 
in order to comply with this AD. Inspecting the two RVDT control box 
assemblies would require about 1.5 hours at an average labor rate of 
$85 per work hour, for a cost per helicopter of about $128 and a cost 
to the U.S. fleet of about $6,272 per inspection cycle.
    Modification of the pilot and co-pilot RVDT control box assemblies 
would require about 8 hours at an average labor rate of $85 per work 
hour, and required parts would cost about $8, for a total cost per 
helicopter of $688 and a cost to the U.S. fleet of $33,712.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply 
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-16397 (75 FR 
50863, dated August 18, 2010), and adding the following new AD:

Agusta S.P.A. Helicopters: Docket No. FAA-2012-0695; Directorate 
Identifier 2011-SW-031-AD.

(a) Applicability

    This AD applies to Agusta Model A119 and AW119 MKII helicopters, 
with pilot control box assembly (control box), part number (P/N) 
109-0010-81-103, and co-pilot control box, P/N 109-0010-81-107, 
installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a rotary variable 
differential transformer (RVDT) locking pin, which could move out of 
position and result in loss of manual throttle control of the engine 
and subsequent loss of control of the helicopter.

(c) Other Affected ADs

    This AD supersedes AD 2010-15-51, Amendment 39-16397 (75 FR 
50863, dated August 18, 2010).

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    (1) Within 5 hours time-in-service (TIS), and thereafter at 
intervals not to exceed 50 hours TIS, remove the cover of the pilot 
and co-pilot RVDT control box assemblies and inspect the locking 
pins for proper position by following the Compliance Instructions, 
Parts I and II, paragraphs 2. through 4.1 for the pilot control box 
assembly and paragraphs 5. through 7.1 for the co-pilot control box 
assembly, of Agusta Bollettino Tecnico No. 119-39, Revision A, dated 
May 23, 2011.
    (2) If during the inspection the locking pin is recessed or 
extended in excess of 2.0 millimeters from the face of the pin bore, 
or missing, before further flight, replace the RVDT control box with 
an airworthy RVDT control box that has been modified in accordance 
with paragraph (e)(3) of this AD.

[[Page 39446]]

    (3) Within 8 months,
    (i) Modify the pilot RVDT control box assembly, P/N 109-0010-81-
103, by reference to Figures 1 through 7 and in accordance with the 
Compliance Instructions, Part III, paragraphs 5.1 through 5.16 of 
Agusta Bollettino Tecnico No. 119-39 Revision A, dated May 23, 2011; 
and
    (ii) Modify the co-pilot RVDT control box assembly, P/N 109-
0010-81-107, by reference to Figures 1 through 7 and in accordance 
with the Compliance Instructions, Part III, paragraphs 3.1 through 
3.16 of Agusta Bollettino Tecnico No. 119-39, Revision A, dated May 
23, 2011.
    (4) Modifying the pilot and copilot RVDT control box assemblies 
in accordance with paragraph (e)(3) of this AD constitutes 
terminating action for the requirements of this AD.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Jim Grigg, Manager, FAA, 
Rotorcraft Directorate, Safety Management Group, 2601 Meacham Blvd., 
Fort Worth, TX 76137, telephone (817) 222-5126, email 
[email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office before operating any aircraft 
complying with this AD through an AMOC.

(g) Additional Information

    (1) For service information identified in this AD, contact 
Agusta Westland, Customer Support & Services, Via Per Tornavento 15, 
21019 Somma Lombardo (VA) Italy, ATTN: Giovanni Cecchelli; telephone 
39-0331-711133; fax 39 0331 711180; or at http://www.agustawestland.com/technical-bullettins. You may review a copy 
of the service information at the FAA, Office of the Regional 
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, 
Texas 76137.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency AD 2011-0095-E, dated May 24, 2011.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6700: Rotors 
Flight Control.

    Issued in Fort Worth, Texas, on June 22, 2012.
M. Monica Merritt,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-16314 Filed 7-2-12; 8:45 am]
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